Commercial Litigation
& Dispute Resolution

A letter of demand or a cease-and-desist letter often leads to litigation. If you receive a letter or demand, do not ignore it. Get proper legal advice quickly to preserve your position. 

Your response needs serious consideration. Ignoring a letter from a lawyer can seem like the easy way out. However, if you ignore such a letter, you can find more court documents are then served, or your exposure may increase.

Without legal advice, you may be unsure if the claim is baseless or if it is legitimate. If the claim is legitimate and you have exposure, you should seek to limit your exposure and resolve the dispute to prevent further claims of damages.

Often the asserted breach in a letter of demand is inaccurate or the damages sought are excessive or unjustified. Each set of circumstances is different. Having a litigation lawyer to help you draft a defence and help reduce your exposure is the best course of action you can take. 

We have helped many of our clients respond to claims and letters of demand with favourable outcomes.

A statement of claim is a legal document that sets out the grounds of why legal action is being pursued, along with details of the claim. The statement of claim initiates formal legal proceedings.
The information and relevant details as to why the court action is being commenced are called pleadings and particulars. Pleadings are the details relevant to the dispute and the basis of the claim against the other party.

If you have received a Statement of Claim, you are the defendant or respondent. You have a limited time frame to respond. If you do not respond, the plaintiff/applicant will be able to obtain judgment against you and may seek damages from the court.
You should obtain legal advice from a qualified and experienced commercial litigation lawyer as quickly as possible. They will analyse the claim and assist you in responding to each element.

Sometimes this involves making a counter-claim against the plaintiff. Their claim will outline their version of events and you have a chance to respond.

Your lawyer will be able to provide an opinion on your case and the likelihood of success. This can determine how you wish to proceed. A lawyer may also engage a barrister for their opinion, drawing on their extensive case knowledge for more detailed aspects of the legislation.

If the matter is not settled at this stage, early in the proceeding, and certainly prior to trial, you will need to attend mediation. This is another opportunity to negotiate and settle the dispute before it goes to court.

Most disputes settle at mediation. If a dispute proceeds to court, it will be heard before a judge to determine an outcome.

A party may consider an appeal a judge’s decision if they are not satisfied with the outcome and points of appeal can be pursued. Being unsatisfied with the result does not give the right to appeal: there must be legal grounds. The grounds for an appeal must be carefully considered.